MATTER OF LaFEMINA v. BROWN

The hearing testimony of the investigator from the Civilian Complaint Investigative Bureau and the civilian's medical records constitute substantial evidence supporting respondent's finding that petitioner struck the civilian in the head. It is well settled that hearsay is admissible and may constitute substantial evidence in administrative hearings (People ex rel. Vega v Smith, 66 N.Y.2d 130, 139), and that "it is the function of the administrative agency rather than that of the reviewing court to weigh the evidence and resolve conflicting testimony" (Matter of Ferriso v. Ward, 161 A.D.2d 289, 291, lv denied 76 N.Y.2d 706). To find, as petitioner would have us do, that the evidence did not exclude with any reasonable certainty the possibility that the civilian sustained his injuries when his car abruptly stopped and his head struck the windshield or some other hard object in the interior of the car, would be to substitute our judgment for that of respondent on the weight of the evidence.

Concur — Murphy, P.J., Sullivan, Milonas, Asch and Nardelli, JJ.